about, learning. you shouldn't be afraid to be expelled arid >> good to see you. thank you for watching "the faulkner focus." i will see you at 1:00 eastern on "america reports. "outnumbered" starts right now. >> welcome to "outnumbered." president biden taking steps that could allow democrats to pack the supreme court. we are learning that the president will issue an executive order today forming a bipartisan ten of my commission to study supreme court reform. the white house says the group will analyze arguments, including the membership and size of the court. white house course wanted to peter doocy live on that they would need to do for a major shake-up to the supreme court. >> an idea here with packing the court would be that if the size the supreme court expands beyons right now a conservative

majority, and joe biden is the president, or another democrat is the president, then he could nominate liberals or progressives to water down the conservative majority on the court and give the democrats or the liberals an advantage in who sits there. we have got this executive order now that just came out a few minutes ago. it says this commission's purpose is to provide analysis of the principled arguments and contemporary public debate for and against supreme court reform, including an appraisal of the legality of particular reform proposals. the topics that will be examined include the genesis of the reform debate, the court's role in the constitutional system, the length of service and a turnover of justices on the court, the membership and size of the court, and the court case selection rules and practices. for a couple weeks on the campaign trail, this was the issue after the passing of the

late ruth bader ginsburg. armor at one point, we went to flint, michigan, and put a microphone and now vice president harris's face sank, do you think the court should be expanded? we did not get a definitive answer. the most definitive answer we got in the campaign or transition was here. >> emily: i've already >> presidentbiden: i'm not a faf court packing, >> president biden: i am not a fan of court packing, but i don't want that to be the focus. the focus is, why is he doing what he is doing now? >> peter: in october, not a fan of court packing. in april 2021, he is now having a panel of experts look into whether or not court packing should become the law of the land. >> emily: think you so much

i'm emily compagno. my cohost kayleigh mcenany , thank you. peter analyze, speaking further into who is a member -- cochaired by one of the top attorneys of the fighting campaign, as well as a yale law school professor. other members include the former president of the american constitution society, anthony harvard law school professor. your thoughts. >> sandra: mostly, academics, talking about three dozen people led by bob bauer. nobody expects this will be a change overnight. nonetheless, it could be a big

change if that was decided by this group. i want to put a focus on supreme court justice breyer. they spoke out in a speech, i believe it harvard law school, on tuesday. spoke out clearly against court expansion. warned that it may make the court more political and underling trust in the constitution. "structural altercation motivated by the perception of political influence can only feed that latter perception, further eroding that trust." as he says that, there are liberals aggressively lobbying breyer, 82 years old, to retire. biden could possibly replace him in this key moment of history for the supreme court in this

country. >> emily: against affect travel calls for breyer to resign, against this morning that this is a political move that could trust in the institution, to think that change is likely here? it is to analyze, but clearly, by forming this commission, that's stating a message as well. >> it's absolutely stating a message. joe biden was asked time after time after time on the campaign trail -- it took him months, a way to appease the far left. look at what is happening here. when they left doesn't get their way, their answers to change the institution. we've had 9 supreme court justices since 1869, and now we are talking about court packing. the filibuster has been used since the 1800s, and now we are talking about getting rid of it. the electoral college in our

constitution, they called to get rid of that. what is the set up to? power! unilateral, one party rule, pack the court, get rid of the filibuster, and that is what the left is after. i would refer them to joe biden's own words, saying it was a boneheaded idea, saying that 9 is the number it should be. any true historian or academic, looking back to fdr, who when he tried to do this, his own party called him out and said it would shatter the republic. if this is a bad idea. i'm not surprised to see it with today's modern left. >> emily: unpacking the president's past comments, we know that he has said "you will know my opinion after the election." as kayleigh pointed out, he said it was a bad idea, and now he is a topping eight-point stomach top point chair to his campaign.

>> dave: listen, kayleigh is crystal clear correct. the democrats are here to destroy every political norm we've had in this country for 250 years. the fact that biden is flipping on these shouldn't surprise anybody. kamala harris was still running, and was asked about an exact defection on guns. she said "joe, can't we say yes we can"? biden said it had to be constitutional. we all know what happened yesterday, so can surprise us they want to pack the courts. this is just a power grab. the left sees a great moment here. they have a very weak 78 euro president who isn't the one in charge. they are going for everything, putting all their chips on the table. i will give a better analogy. they are going to flip the table over. [laughter] they will either do everything

by executive action or they will pack the courts, or they will get rid of the filibuster. i can't imagine what else, but every norm we think we had, just the fact that we are having this conversation about whether we should be packing the courts, if biden would have been honest a few months ago, maybe he wouldn't be president, but he knew, or at least the powers that be new, that once you have him in you can pretty much do anything. >> emily: it's arguable that much of this organization is about catering to the left. for those that are expecting quick action, they might be disappointed. do you think this is the extent of the action then, is this appeasing the far left cries to actually pack the court? what do you think will happen from this commission? >> i think this is a symbolic gesture for the left inward to get them to calm down a little. there is not enough room in the democrat party for these

ideologies. the two party system is so outdated at this point. this goes to show you how high the stakes really are when it is us or them. everything is zero sum. congress is is irrelevant. everything is done, to dave's point, by executive order or through the court system, that means congress can do what they are doing, which is, essentially, absolutely nothing. that's not a good look for them either. i'm excited in the next 10 years, we are going to have at least one tree 2 shifts in party in the white house down like we will have one or two go the white house. when i am an old lady, it will look like a gospel choir, the supreme court. [laughter] i'm looking forward to that, i love a gospel branch. >> emily: kayleigh, part of the impact and success of the trump administration was the amount of judges he appointed to. can he speak to that from your

purview within the administration, and the impact moving forward? >> kayleigh: that's i think the crux of what this is about. president trump got three supreme court justices, filled a historic number of vacancies in a small amount of time the federal judiciary, and the left can't take that. there was an article last week lamenting the far right turn, religious turn become of the court, which is preposterous. the court is invulnerable to people's religious -- the sisters of the core, they protect our fundamental constitutional rights, which according to joe biden, are no longer absolute to the court. one of them, even far left justices acknowledged that the shouldn't change its makeup. you see one institution that people still have faith in as a protector of our rights, i would just say, this is why those two

races in georgia are still important, why 2022 is still important. need a senate that is not willing to overturn our institutions full sale. >> it's one thing for the biden administration to make changes to the court. if you have a clear answer. there is a commission. you have a question of what they are going to do to fix the mess of the southern border. there is no clear plan for that. look at the optics. we don't even have a schedule for biden or kamala harris, the point person at the border coming to visit the border, but you have a clear explanation for how they plan to change this country, change the court. the optics of that are something. >> emily: and emphasizes their priorities. that is the perfect tease into our next topic. the biden administration is spending 60 million taxpayer dollars a week to have a record

number of unaccompanied minors at the border, of course, without pressure but kamala harris our visit to the border. as we get more reports of migrant women being sexually assaulted, is the situation out of control? ♪ ♪ >> vice president harris: this is a humanitarian crisis. i can't call president biden president. i have to call them trafficker in chief. these kids are being traffic. ♪ ♪ real piece of mind. refiplus from newday usa can make it happen. refiplus lets you refinance at near record lows plus get an average of $50,000 cash for the financial security you and your family deserve. refiplus, only from newday usa. psoriatic arthritis, made my joints stiff,

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congressman brad wenstrup leading a delegation of the border a few hours from now. all of this coming as border officials report more than 172,000 migrants taken into custody last month. that's a 20 year high. that includes nearly 19,000 unaccompanied minors, the highest on record. the cost for the american taxpayers -- $1 million a week to -- far surpassing the amount of budget for small businesses suffering during the pandemic. kennedy, that's hard for small businesses, some of whom can't open their doors. >> kennedy: they are talking about raising taxes, spending so much more money on everything

from schools to infrastructure. everything is infrastructure, so everything gets included in the infrastructure bill, except for immigration. this will only get more expensive. we are in the middle of april, we don't know with the april numbers are going to be, but i guarantee you they are going to be higher! the next two months, because for don't make this a demonstration saying "we will find room." the room they are finding is filled with people who are not feeding children, and apparently sexually assaulting them. this is a horrible crisis on so many levels. it seems as though we don't care anymore, so i don't know if that part of the story even moves the needle. >> emily: david, i don't know if you have notice the numbers on our screen, taxpayers paying $60 million a week to house these migrants. i don't know how, as an average

american taxpayer, you don't see that and say "i've got a bigger tax bill coming." >> dave: the democrats are here to destroy every norm. we talked about that in the previous segment about the political level, meaning the machinery of our government, and what we are up to now is 172,000 people, migrants! you just said that. 172 migrants last month alone coming to this country. pretty sure there's still a pandemic. i think that's what they are telling us. that's one issue. we have so many other problems in the united states on top of the $60 million a month. we have so many things going on economically, with the pandemic, that maybe there is a moment where we just have to take care of our house, get our house in order. they don't want to pause. it's not forget. when it was trump as president, aoc was done at the border with

a fake photo shoot of her hand on her face, crying that there were kids in cages, and this was like the holocaust, and concentration camps, the rest of that. now, we see pictures where they are at 1000% capacity, we've seen the pictures of those kids and those tinfoil looking blankets, but nobody seems to care. this is just another extension. the democrats want open borders. they don't care about money! they believe you can just keep printing money. >> i can't get enough of these images. we continue to get an inside look, especially now with more lawmakers visiting the border. scalise is hammering on the fact that biden has not paid eight visits. >> congressperson scalise: he

won't go there first hand because he sees what's going on. he said he put can't dominick harris in charge. she won't even come down. >> what is happening that they think they can get away with having a crisis of the border and not visits? >> they don't care. that sounds harsh, but they should visit like president trump did. i believe a sigh border patrol agent or someone involved in immigration say early on fox that after vice president came till mike pence came , changes were made. these cages, i won't call them pods, that's gratuitous. they are cages, four cited rooms, caged. there are supposed to be 42 individuals in these, and there are 400-500. think about that, a 32 person space with 400-500 people, kids. you have vice president biden

not even willing to come see it, as you are experiencing a 20 year surge. this is so high that it doesn't even fit on a cdc graph. that vertical axis on a graph, the number was so high it could not be tracked. it's extraordinary. it's disrespectful and inhumane that president biden won't visit. >> the numbers are staggering. when it comes to the numbers of children, each one of those children has a story. they've clearly gone through dangerous journeys, many of them. they are weeping inside of these facilities that are overflowing, let alone the fact that there is still a pandemic, and coitus still learning. the fact that 500 children are living in pop-up sites, 4,000 more are waiting to be transferred to these facilities, how much longer can this go on? >> emily: that question we have been asking all along, in astonishment, while all we get

is silence. i would like to make this point about vice president harris. fighting on behalf of of sexual abuse victims, particularly children, that has been a central part of her political identity for 30 years. she was a prosecutor right out of law school. she focused on children, sex abuse, child exportation, and touted it in all of her campaign and television ads and profiles, and campaigning. when she became a d.a. of san francisco, she basically did nothing to help catholic church victims. one of these quotes is that someone ran at a hundred miles an hour, moving to her was like moving backwards. i think there's a lot. we've been talking about the optics of this white house. for someone who has touted this for 30 years, it's mind-boggling and unacceptable for her quote, the victims of sexual abuse, the children of child victims -- the fact that we have not heard barely anything, that this is

her pets because, where is she? where is someone in charge and putting a stop to it question xp two we were never moment. >> dave: it's because they want it! >> sandra: she left at a reporter who said "do you have any plans to visit"? that was to go weeks ago. we believe it there. several major liberals being pushed to the brink, as they take drastic measures, these cities, to combat rising crime rates. that's not the only issue causing residents to move. >> secretary psaki:

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tourist was hit in the shoulder by a stray portland is planning to deploy unarmed park rangers to try and combat a surgeon gun violence. candidate, my west coast sister -- >> kennedy: westside. >> emily: rocketed 75% to 32%, and in 40, 46% -- they are fleeing! >> kennedy: san francisco is one of the most beautiful cities in the country. i know you are from the bay area. it's incredible, but it has gone downhill. it's dangerous committee homeless population is like in san francisco los angeles, new york. it makes it difficult to enjoy a city like that. the fact that you have d.a.'s who are not going to charge people who commit assault, it makes it unattractive to go and visit, let alone live there.

it is unsafe, expensive. if you can work from home, so why not in a place where you can have your kids feel safe to ride their bikes on the street? you will not crush in city taxes. same thing in new york. it's a cookie jar. mayor de blasio has turned it upside down and has shaken out all the delicious cookies, and they are scattering to places like florida. i wonder what it's like for a florida resident. our they getting frustrated with the influx? >> emily: kayleigh, i will let you into that. 63 of the 66 largest police jurisdictions in this country have seen major spikes in violent crime, robbery, rape, murder, aggravated assault. portland is deploying unarmed park rangers. they are not equipped to handle it. two this week and were chased by a knife wielding man, and those rangers had to call the cops, and the cops arrested him. this is ludicrous.

>> kayleigh: to answer kennedy's question, we floridians welcome you as long as you don't bring your politics with you. i had one pollster tell me in florida people were not bringing their politics prepandemic, but texas, they were. we florida and texas hope if you come, you recognize you are -- fleeing liberal policies. it's gotten out of control, emily, you are right. you defund the police, it's going to lead to crime. a point to early indicators -- fact trek true, read the fox news analysis today were reset portland alone. this is a tragedy for our police officers, for citizens, in these blue cities who apparently don't wish to have residents. the >> emily: we are seeing departments get their budgets

slashed, except for l.a., where they defunded a lot refunded a lot of defunded money after murders increased. one community, someone told me he knew he was wanted, and recruitment is suffering, especially in washington, d.c. this was all protectable. >> sandra: such a good point. for anybody who has been in new york city until now, from the pandemic, we feel like a broken record, but this -- restaurants are closed, crime is expecting. we do not feel safe walking a block in this city. i left the vaccination site here in manhattan the other day, went a couple blocks, and blocked by a man on a police car. there is lack of respect, morale is down, it's brutal here. just what they are doing? raising taxes on the wealthy, the earners, for the driving was people away. it's going to be impossible for businesses, corporations who were based here want to

potentially return here to attract and retain top talent. in a city like this, not just because of the crime, but because of the tax, those who earn $1 million or more a year, which as you know, it's a big round number, but that does not go very far in this city. everybody making over $1 million will have a combined tax rate of 52%. that means you will be giving more to local, state, and federal government of your paycheck than will actually be taking home. i don't know how you can do that to this city in this moment! >> emily: neither do i. we have to get to this. a quick word. you may remember a story from a few days back about a comic book series titled "female force" featuring alexandria ocasio-cortez, joe biden, and kamala harris. we discussed how it did not include powerful conservative women, but when doing it, we failed to mention that the company has also published books

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legally owned firearms is not trying to make america safe. the point is to disarm you, strip you of your autonomy, your power, you're right of self defense. gun control is not about guns. it's about who controls america. by the administration is using the full force of government to disarm peaceful voters in zip codes that voted for donald trump. it is that simple. >> he's right. when individuals own guns that can protect themselves, the individuals are the ones in power. that's what makes america unique. what are they trying to do? >> dave: there's that thing about the well armed militia in the second moment. let's be clear about something. joe biden 100% light yesterday. he will get called out on mainstream media. he will get called out on fox. he said you can walk into a gun show and get a gun. it's simply not true.

75% of the guns bought a gun shows are through federally mandated, licensed people who sell guns. there's some little call for private people to sell to other private people, but of course he doesn't say that, and he knows he will never be fact-checked, because the media is in it with him. the mainstream media is the p.r. arm for the democratic party, so yes, they want your guns. i reference this earlier, but joe biden, during the debate, said that if you were going to make an executive action on guns, and had to be constitutional. he knows that making a move on the second amendment, which protect our god-given rights, is not constitutional. course he knows that. but again, he is not the one in charge. there's someone writing this stuff that he reads poorly off the teleprompter, and he's all in on it right now. congratulations. they are getting everything they want, they will back the spring court and every thing else we talked about here. they've got momentum, and they

are describing and grabbing and grabbing. it's not good. >> emily, dave brings up the idea of a constitutional challenge. obviously, executive orders welcome more of a legal challenge than laws passed by congress. what could be challenged in the courts, and is it's time for another landmark gun rights case? >> the first answer is everything can be challenged, and the result is always, that is what is up for grabs. it's likely time for a landmark, but more importantly, and what we do most of us the service we deserve is to have that meaningful legislation everyone talks about. earlier, he spoke about congress being irrelevant. they are impotent, doing nothing. it we are all worse because of it. there are a few cases that, because of it that might have impacts, for example, we spoke yesterday about the pennsylvania

appeals court, ruling that original ruling that the original act that provided a form of immunity for dealers and manufacturers that was ruled unconstitutional. it remains to be seen, the final decision. ultimately, all of this is up for question. it's all up for challenging. i want to address a point dave said. the purpose of this was to protect citizens. the purpose is actually to make them safer, and if it was, there would have been a different form of action on the part of this administration. there would be a different emphasis on mental health, actually having the root causes of these terrible tragedies in high rate of -- actually addressed, but clearly, we know that in cities with stricter gun laws, that does make a difference. one has additional legislation restricting gun owners made a difference? >> good points.

>> dave: bad guys don't buy guns legally! >> kennedy: we have to divorce ourselves from the idea that prohibition equals safety. there's been a lot of research. kayleigh, the democrats own firearms? apparently not. [laughter] >> kayleigh: apparently not. in this climate were everyone is buying guns to protect their constitutional rights, may be so. maybe they will get backlash. dave will be happy to hear that some of the fact-checkers who have been napping since they trump administration woke up. politifact said it was mostly false, the gun show point dave reported just then, "washington post" said this idea that gun manufacturers are immune from liability is not true. they can be held accountable and some exceptions. it was a lie after lie, all the way to saying we need an assault weapons ban. on a military weapons grade band in france, several terrorist attacks thereafter were conducted with the very weapons they had just baned

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>> president biden creates a commission to studying packing the supreme court, potentially could overturn the court's conservative drew her tea. jonathan turley joins us in a few months. the dhs secretary met with border sheriffs yesterday. it will speak with the cochise county sheriff, mcdonald's, but what they discussed. it will president biden's proposed tax increase be a job killer? charles payne joins us. john roberts joins sandra smith and me at the top of the hour for "america reports." >> emily: the cdc says it will take steps to address what it calls a serious public health threat. the cdc director saying in a

statement "the pandemic illuminated inequities that have existed for generations, and reveals for all of america a known but unaddressed epidemic impacting public health: racism." sandra, i would like to start with you on this. what are your thoughts on this latest cdc announcement? >> sandra: it was interesting to see "the american medical association" step in here. they, back in november, declared a similar thing of racism being a public threat. they applaud this from the cdc. important to point out though, the disproportionate amount of african-americans who have been suffering as a result of the pandemic, that is what the american and a association was out with their announcement back in november. this is a bit of a different step in the cdc is taking. i can't help. somebody, to your point, who's

been covering all of the news lately, to think about priorities, and objects, when you have this surge of the border, and kids spreading into those communities, or adults for that matter, where's the public health threat they are? where is the biden administration on that? it's another point that needs to be made if the cdc is going to put something like this out there. >> emily: dave, your thoughts. >> dave: continuing with my thread throughout the show, they are here to destroy every norm. the cdc has been infected with the virus! it's not covid. it is wokeness. once you are infected, it takes over the host and destroys the organization. they are telling us that they are a political organization, will act as a political organization, to rearrange society, to give up equity, which is not guaranteed by the

constitution. equality is. as opposed to dealing with a public health crisis, and the pandemic we are going through right now. this shouldn't be surprising, because we have seen it destroy basically every cultural institution we have, every educational institution, so why not our health institutions? this is the next step. it's like "can we trust them? can you trust that the cdc is going to give you the proper information, when they are telling us that the racist problem is now more important than the pandemic problem?" i don't think i can trust them. >> emily: by bringing in the cdc, does this dilute the message? if everything is infrastructure -- it's difficult for people to understand that and affect that meaningful change that is a trying to enact. >> kennedy: 's you have to be very careful about word choice. there is racial disparity in health care. you can't deny that, but tagging

everyone is racist does make it better. you have to have good outreach with ngo's, churches, charitable organizations, people who go into communities have conversations with people. the tagging everyone with this malicious intent doesn't provide better outcomes. that is essentially what you want. you want people to live longer, have better lives. demonizing people doesn't get you there. you also ought to have a place you land, have to have a cure, a set of solutions. by just typing something as racist, you will never get there. >> emily: should you do it just because you can? how a real-life jurassic park could be possible. ♪ ♪ ♪ ♪

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>> is that you got a t-rex? >> yes. we have a t-rex. welcome to jurassic park. >> it may not be the same thing as a movie is but a business partner of elon musk said they have the technology to build a real life jurassic park saying on twitter, we could probably build the rest of the mike jurassic park if we wanted to. it may not be genetically perfect dinosaurs but a few years of breeding to get scientific species. plus science can go sideways. haven't they seen the movie? did we not learned our lesson? it was pretty clearly laid out in the movie. >> oh, yes it was.

i have a baby girl so we've been watching frozen so i have admittedly had to look up and see what happened to jurassic park and apparently, the dinosaurs run amok as they try to create this theme park. so leave learned nothing from the movie but i did do a little research and apparently this would be nearly impossible to do because the dinosaur dna has degraded, although the woolly mammoth dna has not. so woolly mammoths may be something more feasible, we will see. >> and kennedy, novel exam. is it a good idea to have murder hornets the size of elephants? >> there are plenty of billionaires in the world, they are not all good. all it takes is one of these nasty billionaires to get a hold of the wrong dna. you are absolutely right. don't forget the dinosaurs can climb and fly and if we build this we are begging for another

meteor. >> to quote jeff goldblum, lai finds a way. whether it should be done or not or whether we should play god or not, it's going to happen. remember in the jurassic park reboot, "jurassic world," there was a redhead running around outrunning dinosaurs while wearing high heels. i was on with kaylee, and she was in high heels, i'd love to see you outrun them. >> they were my wedding shoes, so we are not running away from dinosaurs in those. >> i can't believe there were four movies. >> there were five. >> five? oh, my goodness. >> and another one coming. >> apparently that's going to be my homework for this weekend. thank you all for being here today. kayleigh mcenany, my cohost, i'm so excited to have you here. dave rubin, pleasure as always.

kennedy, we will be watching for you tonight. ask everyone and now here is "america reports." >> john: emily, thank you so much. i don't forget funder as well. only on fox, and up look down like a close look at the crisis as we see a record-setting surge of migrants entering the country illegally. john roberts in washington, double duty for both of us. >> sandra: what a friday it is, we've made it this far. fox news is getting this exclusive look at the day-to-day challenges that these agents continue to face. we are on board for a ride along. that happened last night with the national border patrol council and a delegation led by house republican whip steve scalise. all of this as we learn more about the cost of caring for migrant children in the u.s. custody. brand-new numbers showing the federal government is spending at least $60 million per week, john, to house